June 9, 2005
Under Ohio law, a medical malpractice claim must be filed within one year after the cause of action accrues. The key question: When does the claim "accrue"?
Dr. Myers filed a motion for summary judgment, arguing that Kienzle’s claims were barred by Ohio’s one-year statute of limitations for medical malpractice claims (Ohio Rev. Code § 2305.113(A)). The trial court agreed, concluding that the cause of action accrued on June 30, 2000—the date of the painful adjustment—and that the lawsuit filed on June 18, 2002, was nearly a year too late. kienzle v myers case brief
Can an easement be created by estoppel when a property owner grants permission for a permanent-type improvement (like a sewer line) and the other party reasonably relies on that permission to their detriment, even if there is no evidence of fraud or intentional misrepresentation?
The licensee (neighbor) relied on that permission and spent money or labor to make improvements. Revoking the permission would be inequitable. June 9, 2005 Under Ohio law, a medical
Despite continued treatment, Dr. Myers did not advise Kienzle to seek alternative medical care. It was only after Kienzle independently consulted a medical doctor in late 2000 that she received an MRI, which revealed a requiring surgical intervention.
For law students memorizing torts and civil procedure, Kienzle is an essential reminder that legal rules are applied with nuance, and that summary judgment is rarely appropriate when questions of fact exist. For practitioners, the case serves as a strategic guide for both bringing and defending against statute-of-limitations challenges. Myers filed a motion for summary judgment, arguing
The core legal question before the Appellate Division was: